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Punjab rules ‘diluting’ RTE Act, says forum, seeks its withdrawal
The Punjab Forum for Weaker Sections said that as per Rule 7(4) of Punjab RTE Rules, 2011, students belonging to weaker sections and disadvantaged groups are required to first go to government schools for admission. Such students can get admission in unaided private schools only after they are not able to get admission in government schools.
The Punjab government on Monday faced flak for its failure to ensure 25% admissions in unaided private schools under the provisions of the Right of Children to Free & Compulsory Education (RTE) Act, 2009.
The Rule 7 (4) of Punjab RTE Rules, 2011, came into question with a team of the Forum for Weaker Sections, Punjab, led by former additional deputy comptroller and auditor general Onkar Nath and retired IAS officers JR Kundal and TR Sarangal blaming it for denial of opportunity to poor children belonging to weaker sections and disadvantaged groups to study in unaided private schools in the state.
Addressing a press conference here, Nath said that as per Section 12 (1) (C) of RTE Act, unaided private schools are required to admit minimum 25% children belonging to weaker sections and disadvantaged groups, but the Punjab RTE Rules framed by the Punjab government in 2011 diluted it.
“As per Rule 7(4) of Punjab RTE Rules, 2011, students belonging to weaker sections and disadvantaged groups are required to first go to government schools for admission. Such students can get admission in unaided private schools only after they are not able to get admission in government schools. Admission in unaided private schools is possible only after getting NOC from government schools,” he said.
Kirpal Singh, accounts officer (retd), AG Punjab, was also present.
Nath said that by imposing illegal condition of NOC under Rule 7(4) under Punjab RTE Rules, the very purpose of the provision made under Section 12 (1) (C) of RTE Act, 2009 has been defeated.
The Comptroller & Auditor General (CAG) of India had also highlighted non-implementation of 25% admission of poor kids in private schools in Punjab in the audit report of 2016, which was submitted to Punjab Vidhan Sabha in 2017, he added, besides citing a high court decision in favour of poor students.
The forum members said the National Commission for SCs had also issued directions in 2018 to withdraw the illegal Rule 7(4) of Punjab RTE Rules, but the Punjab government did nothing. “All other states and UTs, including the AAP government in Delhi are implementing this provision of RTE Act, they added, pointing out that state governments cannot make any law or rules contrary to the laws passed by the Indian Parliament. Article 254 of the Indian constitution provides that in case of a conflict between a central and a state law on the same subject, the provisions of the central law will prevail. However, the Punjab government has not amended Punjab RTE Rules 2011 despite directions received from various authorities.
